California Probate Terms - How to Probate an Estate in California

Learning to probate an estate involves more than just writing checks and handing out the proceeds of the estate of the departed; the process of probating an estate can be difficult and time consuming, and can involve a host of taxes, fees, and complications that you must navigate. The first important step in learning to probate an estate in California or anywhere is to hire a respectable probate attorney to help guide you through the process.

Probate is the process in which the court supervises the transfer of properties from the deceased to his or her inheritors. You will need to obtain a copy of the will and prove to the court that it is valid; this is usually a formality, and is accomplished quickly and routinely. You will appoint a legal representative for the estate at that point, and then will identify and inventory the property of the deceased, having that property appraised for tax purposes.

Once you have had the properties of the deceased appraised, you will need to come up with the total value of the estate. In California, properties of estates worth less than a certain amount (which varies as probate laws change and due to other circumstances, but is usually between twenty and one hundred thousand dollars), can be put through "simplified procedures". You will want to talk to your attorney to find out if the simplified procedures are the better tax deal for your situation.

With the total value of the estate known, you can file California and federal taxes on behalf of the estate and pay the debts of the estate as well. This means paying off any bills that the deceased may have passed on as well as paying for debts incurred by the estate itself as you navigate through the probate process. The entire process of the probate can be costly, and can last up to a year in California, or up to 18 months if the executor files a federal estate tax. If you cannot complete the process in that time, you must file a status report to the court, which your lawyer will help you detail. In some cases, however, a Will contest can drag probate out for many additional months or even years.

Probate can be complicated and costly, eating up as much as seven percent of the value of the estate, but it is a necessary process of law. The right probate attorney can hopefully help you to keep those costs at a minimum, and ensure that you expend as little time as possible in the process. Need more information on How to Probate an Estate in California?

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